IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION ANDREW KATRINECZ and

DAVID BYRD, Plaintiffs, v. LA-Z-BOY INCORPORATED and ELEXA CONSUMER PRODUCTS, INC. Defendants.

CASE NO. 1:12-CV-00231

PLAINTIFFS ORIGINAL COMPLAINT AND JURY DEMAND TO THE HONORABLE JUDGE OF SAID COURT: 1. Plaintiffs Andrew Katrinecz and David Byrd (hereinafter Plaintiffs) file this action to

remedy the illegal actions of La-Z-Boy Incorporated and Elexa Consumer Products, Inc. (hereinafter Defendants), including willful and malicious infringement and misappropriation of Plaintiffs intellectual property. Accordingly, Plaintiffs seek permanent injunctive relief and

damages to redress the injuries they have suffered. I. 2. PARTIES

Plaintiffs David Byrd and Andrew Katrinecz are individuals residing in Round Rock,

Texas, and Shalimar, Florida, respectively. 3. Defendant La-Z-Boy Incorporated (La-Z-Boy) is a Michigan corporation that

maintains its principal place of business at 1284 N. Telegraph Rd., Monroe, MI 48162. La-ZBoy may be served with summons and a copy of the Complaint through its registered agent for service, CT Corporation System, at 350 N. St. Paul St., Dallas, Texas 75201. In addition or in the alternative, La-Z-boy may be served with process through its president, Kurt Darrow, at 1284 N. Telegraph Rd., Monroe, MI 48162.

4.

Defendant Elexa Consumer Products, Inc. (Elexa) is an Illinois corporation that

maintains its principal place of business at 2275 Half Day Road, Ste. 333, Bannockburn, IL 60015. Elexa may be served with summons and a copy of the Complaint through its Illinois registered agent for service, Carmen V. Speranza, at 1401 N. Western Ave., Lake Forest, IL 60045 or through its President, Lawrence J. Berger, at 1300 Abington Cambs, Lake Forest, IL 60045. 5. In addition or in the alternative, the Texas Secretary of State is the agent for service of

process on Defendant Elexa because it is a nonresident required by statute to designate or maintain a resident agent in Texas, or it engages in business in Texas but has not designated or maintained a resident agent for service of process and this proceeding arises out of its business in this state. The Texas Secretary of State, as agent for service of process in Texas, may serve Elexas Illinois registered agent for service, Carmen V. Speranza, at 1401 N. Western Ave., Lake Forest, IL 60045, or may serve its President, Lawrence J. Berger, at 1300 Abington Cambs, Lake Forest, IL 60045. II. 6. JURISDICTION AND VENUE

This is an action for patent infringement arising under the laws of the United States. See,

e.g., 35 U.S.C. 1, et seq. 7. 8. This Court has subject-matter jurisdiction pursuant to 28 U.S.C. 1331 and 1338 (a). This Court has personal jurisdiction over Defendants because, inter alia, Defendants

regularly do business in this judicial district, have established minimum contacts with the forum, and the exercise of jurisdiction over Defendants will not offend traditional notions of fair play and substantial justice. On information and belief, Defendants design, manufacture, and place products that infringe Plaintiffs patents into the stream of commerce with the reasonable

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expectation and/or knowledge that the actual or potential ultimate purchasers and users are located throughout the United States, including within this judicial district. On information and belief, Defendants have voluntarily conducted sales or solicited customers in the state of Texas, including in this judicial district. On information and belief, Defendants sell, advertise, market, and distribute infringing products throughout this judicial district. Defendants have committed and continue to commit acts of patent infringement in this judicial district. 9. Venue is proper in this judicial district under 28 U.S.C. 1391(b) and (c) and 1400(b)

because Defendants are subject to personal jurisdiction in the Western District as discussed in the preceding paragraph. III. 10. CONDITIONS PRECEDENT

All conditions precedent to Plaintiffs right to recovery have been performed, occurred,

or been waived. IV. 11. FACTS

United States Patent No. 6,199,996 (996), entitled Low power, low cost illuminated

keyboards and keypads, was duly and legally issued by the United States Patent and Trademark Office to Plaintiffs on March 13, 2001. Exhibit A. 12. United States Patent No. 7,284,872 (872), entitled Low power, low cost illuminated A copy of the 996 patent is attached hereto as

keyboards and keypads, was duly and legally issued by the United States Patent and Trademark Office to Plaintiffs on October 23, 2007. A copy of the 872 patent is attached hereto as Exhibit B. 13. 14. The 996 and 872 patents are both valid and enforceable. Together Plaintiffs own all right, title, and interest in patents 996 and 872.

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15.

Defendants have infringed and continue to infringe on patents 996 and 872 by using,

offering to sell, selling, and/or importing products that infringe one or more of the claims of the 996 and 872 patents, including but not limited to Defendants La-Z-Boy remotes, model number LZ6152. V. A. 16. CAUSES OF ACTION

Count 1 Infringement Of Patent 996 Defendants have infringed and are still infringing (literally and/or under the doctrine of

equivalents) on one or more claims of the 996 patent in at least this state and district by making, using, offering to sell, selling, and/or importing products that infringe one or more of the claims of the 996 patent, including but not limited to Defendants La-Z-Boy remotes, model number LZ6152. 17. Defendants have also contributed to and/or induced, and continue to contribute to and/or

induce, the infringement of one or more claims of the 996 patent, in at least this state and district. 18. On information and belief, Defendants infringement of one or more claims of the 996

patent has taken place, with Defendants full knowledge of the 996 patent. Their infringement has been, and continues to be, willful, deliberate, and intentional. 19. Defendants infringement of one or more claims of the 996 patent has injured Plaintiffs,

and Plaintiffs are entitled to recover damages adequate to compensate them for Defendants infringement, which in no event can be less than a reasonable royalty. 20. Defendants have caused Plaintiffs substantial damage and irreparable injury by its

infringement of one or more claims of the 996 patent, and Plaintiffs will continue to suffer

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damage and irreparable injury unless and until Defendants infringement is enjoined by this Court. B. 21. Count 2 Infringement of Patent 872 Defendants have infringed and are still infringing (literally and/or under the doctrine of

equivalents) on one or more claims of the 872 patent in at least this state and district by making, using, offering to sell, selling, and/or importing products that infringe one or more of the claims of the 872 patent, including but not limited to Defendants La-Z-Boy remotes, model number LZ6152. 22. Defendants have also contributed to and/or induced, and continue to contribute to and/or

induce, the infringement of one or more claims of the 872 patent, in at least this state and district. 23. On information and belief, Defendants infringement of one or more claims of the 872

patent has taken place, with Defendants full knowledge of the 872 patent. Their infringement has been, and continues to be, willful, deliberate, and intentional. 24. Defendants infringement of one or more claims of the 872 patent has injured Plaintiffs,

and Plaintiffs are entitled to recover damages adequate to compensate them for Defendants infringement, which in no event can be less than a reasonable royalty. 25. Defendants have caused Plaintiffs substantial damage and irreparable injury by their

infringement of one or more claims of the 872 patent, and Plaintiffs will continue to suffer damage and irreparable injury unless and until Defendants infringement is enjoined by this Court.

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VI. 26.

NOTICE OF REQUIREMENT OF LITIGATION HOLD

Defendants are hereby notified that they are legally obligated to locate, preserve, and

maintain all records, notes, drawings, documents, data, communications, materials, electronic recordings, audio/video/photographic recordings, and digital files, including edited and unedited or raw source material, and other information and tangible things that Defendants know, or reasonably should know, may be relevant to actual or potential claims, counterclaims, defenses, and/or damages by any party or potential party in this lawsuit, whether created or residing in hard copy form or in the form of electronically stored information (hereafter collectively referred to as Potential Evidence). 27. As used above, the phrase electronically stored information includes without limitation:

computer files (and file fragments), e-mail (both sent and received, whether internally or externally), information concerning e-mail (including but not limited to logs of e-mail history and usage, header information, and deleted but recoverable e-mails), text files (including drafts, revisions, and active or deleted word processing documents), instant messages, audio recordings and files, video footage and files, audio files, photographic footage and files, spreadsheets, databases, calendars, telephone logs, contact manager information, internet usage files, and all other information created, received, or maintained on any and all electronic and/or digital forms, sources and media, including, without limitation, any and all hard disks, removable media, peripheral computer or electronic storage devices, laptop computers, mobile phones, personal data assistant devices, Blackberry devices, iPhones, video cameras and still cameras, and any and all other locations where electronic data is stored. These sources may also include any personal electronic, digital, and storage devices of any and all of Defendants agents or employees if Defendants electronically stored information resides there.

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28.

Defendants are hereby further notified and forewarned that any alteration, destruction,

negligent loss, or unavailability, by act or omission, of any Potential Evidence may result in damages or a legal presumption by the Court and/or jury that the Potential Evidence is not favorable to Defendants claims and/or defenses. To avoid such a result, Defendants preservation duties include, but are not limited to, the requirement that Defendants immediately notify its agents and employees to halt and/or supervise the auto-delete functions of Defendants electronic systems and refrain from deleting Potential Evidence, either manually or through a policy of periodic deletion. VII. 29. JURY DEMAND

Plaintiffs hereby demand a trial by jury on all claims, issues and damages so triable. VIII. PRAYER

30.

WHEREFORE, Plaintiffs pray for the following relief: (a) (b) that Defendants be summoned to appear and answer; that the Court enter an order declaring that i. Defendants have infringed, contributorily infringed, and/or induced the infringement of patents 996 and 872; Defendants infringement of patents 996 and 872 has been willful, intentional, and deliberate; and that this is an exceptional case under 35 U.S.C. 285;

ii.

iii. (c)

that the Court permanently enjoin Defendants and their officers, directors, servants, consultants, managers, employees, agents, attorneys, successors, assigns, affiliates, subsidiaries, and all persons or entities acting in concert or participation with any of them from infringing, contributorily infringing, and/or inducing the infringement of patents 996 and872, including the making, using, offering to sell, selling, or importing any products that infringe on (literally or under the doctrine of equivalents) patents 996 and 872; that the Court grant Plaintiffs judgment against Defendants for

(d)

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i.

all actual, consequential, special, punitive, exemplary, increased, and/or statutory damages, including treble damages pursuant to 35 U.S.C. 284; if necessary, an accounting of all damages; pre and post-judgment interest as allowed by law; and reasonable attorneys fees, costs, and expenses incurred in this action; and

ii. iii. iv. (e)

such further relief to which Plaintiffs may show themselves justly entitled. Respectfully submitted, TAYLOR DUNHAM LLP 301 Congress Ave., Suite 1050 Austin, Texas 78701 512.473.2257 Telephone 512.478.4409 Facsimile By: /s/ David E. Dunham David E. Dunham State Bar No. 06227700 Isabelle M. Antongiorgi State Bar No. 24059386

MEYERTONS, HOOD, KIVLIN, KOWERT & GOETZEL, P.C. 1120 South Capital of Texas Highway, Building 2, Suite 300 Austin, Texas 78746 512.853-8800 Telephone 512.853.8801 Facsimile Eric B. Meyertons State Bar No. 14004400 Ryan Tyler Beard State Bar No. 24012264 ATTORNEYS FOR PLAINTIFFS

Plaintiffs Original Complaint and Jury Demand

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